of 24 July 2003. April 2002,
amending Act No 61/1988 Coll. on mining activities, explosives and the
the State Mining Administration, as amended
Change: 150/2003 Coll.
Parliament has passed the following Act of the United States:
Act No. 61/1988 Coll. on mining activities, explosives and the State
Mining Administration, as amended by Act No. 425/1990 Coll., Act No. 542/1991 Coll.,
Act No. 171/1993 Coll., Act No. 128/1999 Coll., Act No. 71/2000 Coll.
Act No. 129/2000 Coll. and Act No. 313/2001 is amended as follows:
1. In section 2, at the end of subparagraph (g)) the dot replaces the comma and the following
letter h) and (i)), which read as follows:
"(h)), the mining rescue service,
I) permissible surveying activity. ".
2. section 3, including title and footnote 2a) reads as follows:
Activity carried out using mining techniques
The activities carried out by the mining way under this Act, the
mining bearings) non-reserved minerals, including the adaptation and
refining of minerals carried out in the context of their exploitation, and
searching and exploration of non-reserved minerals carried out to
(b)) the mining sands in open channel, water flows, and sand floating machine
including the adaptation and refinement of these raw materials carried out in the context of the
with their mining, with the exception of the removal of layers of water maintenance
(c)) work to ensure the stability of underground spaces (underground redevelopment
(d)) work on making the caves and work on keeping them in
e) natural work carried out for the use of machinery and explosives, if the
one site moves more than 100 000 cubic metres of rock, with
the exception of foundation engineering,
(f) drilling wells with a length) over 30 m for purposes other than to the activities
referred to in paragraph 2 and 3,
g) contain natural medicinal and table mineral waters in the mine workings
in the underground,
h) work on disclosure of old mine workings ^ 2a) or permanently abandoned
mine workings and work on keeping them in a safe condition,
I) underground work of digging the mine pits and wells, in stamping
galleries and tunnels, as well as in the creation of the underground spaces of the volume of more
than 300 cubic metres of rock.
2A) § 35 para. 1 of Act No. 44/1988 Coll., as amended. ".
3. in section 5, paragraph 2, including the footnote No. 3 c) and 3d):
"(2) a mining activity, and the activities carried out by using mining techniques can
only organizations that had the authority of the State Mining Administration for
These activities issued permissions. Mining activities and the activities carried out by
using mining techniques, the organization can only be carried out on the basis of the authorisation
issued in accordance with this Act, the Mining Act, or in accordance with special
legislation, ^ 3 c) or on the basis of the Declaration, if these provisions
they admit. Before issuing permits to mining activity referred to in section 2 of the
(a). and organizations must prove) that the implementation of these activities will be
manage and be responsible for their quality with professional qualifications, pursuant to
Special Act. ^ 3d) prerequisites to obtain permissions to mining
activities and activities carried out using mining techniques, and also to
planning and designing of objects and devices that are part of the
mining activity or activities carried out using mining techniques, where appropriate,
work-related, unless they are governed by a special legal
provision 3d) establishes the Czech ^ mining Office by Decree.
3 c) for example, Act No. 50/1976 Coll. on territorial planning and building
Code (the building Act), as amended.
3D) Act No. 62/1988 Coll., as amended. Act No.
18/1997 Coll. on peaceful uses of nuclear energy and ionizing radiation
(Atomic Act), and amending and supplementing certain acts, as amended by
4. in paragraph 5, the following new section 5a, which including the footnotes # 4a) and
(1) If this Act or the regulations issued by the top law to their
^ design 4a) requirements for qualifications, competence or other
requirements for the performance of the activities referred to in this Act shall be deemed or
These requirements have been met if the natural person shall submit to the
a certificate issued by the competent authority of the Member State of the European Union in
accordance with the relevant directive of the European Union. ^ 4b)
(2) the certificate referred to in paragraph 1 for the citizens of the United States or citizens
another Member State of the European Union, who held a mining
the activity or activities carried out by using mining techniques in the Czech Republic,
issued by the Czech mining Office. Confirmation is issued in Czech language on
the request of the natural person is supported by data on the length and focus of this
4A), for example, Decree No. 340/1992 Coll., on the requirements for the qualification and
the competence and proficiency of workers to authentication
mining activities and activities carried out using mining techniques and amending
some of the regulations issued by the Czech Mining Authority in order to ensure
safety and health at work and the safety of operations at
mining activities and activities carried out using mining techniques, as
4B) directive of the European Parliament and of the Council No 99/42/EC
performs the procedure for the recognition of evidence of training for professional activities,
modified by the directives on liberalisation and transitional measures and
supplementing the General system for the recognition of evidence of training. ".
5. In paragraph 6 of paragraph 1 reads:
"(1) the organization is in its activities required to ensure and control the
compliance with this Act, the Mining Act and regulations issued on their
basis, as well as specific legislation regulating the safety and
occupational health, safety and working conditions in the
mining activities and in the activities to be carried out using mining techniques.
The Organization must appoint a person satisfying the conditions set out in section 5 of the
paragraph. 3 for each race of the mine and mine for each race the quarry, Quarry
who are responsible for the safe and professional management of the mining activities, or
activities carried out using mining techniques. The Organization shall, in matters
expert management and management of safe mining activity
to establish the racing or racing down the quarry employee. ".
6. In article 7 (2). 7, the second sentence is replaced by the sentence:
"Unless the Organization of the amount of the contribution, it sets out the Czech mining
the authority. ".
7. In section 8 paragraph 3 reads:
"(3) the types of selected mining machines, devices, instruments and equipment must
be before using the underground allowed to use the Czech mining
by the authority. The Czech mining Office when granting this authorization shall also state,
that the selected mining machines, equipment, devices and equipment are subject to
periodic tests. Perform the tests and submit expert opinions
required for issue of the permit shall designate the Czech mining Office and shall ensure that,
who asks for permission. ".
8. in section 8a, the following new section 8b, including footnote No. 6 c)
The analyses of the samples mine air quality and other mine gases can perform
only authorized persons under special legislation ^ 6 c) responsible for
The Czech Mining Authority.
6 c) Act No. 86/2002 Coll., on the protection of air and amending certain other
laws (law on the protection of the atmosphere). ".
9. In section 10 paragraphs 4 to 6 shall be added:
"(4) the temporary cessation of operations at the mine or quarry is an organization
required to carry out their security, so that it was possible the conquest of bearings
Restore. Stop the operation of the organisation shall notify the district mining Office.
If your organization does not ensure, and if it is compromised or
the health of people or other mining bearings, orders the district mining Office
ensure the mine or quarry, at the expense of the organization.
(5) in case of permanent cessation of the operation of the mine or quarry is an organization
required to carry out their disposal or to submit a motion to the district
Office project their different uses. If your organization does not dispose of
and if the safety or health of humans, district mining Office
directs execution of liquidation at the expense of the organization.
(6) ensuring the mine workings and quarries and liquidation of main mine works and
quarry permits the district mining Office. With the application for authorization shall be submitted
organization plan of the collateral or liquidation. The district mining Office to ensure
or liquidation of main mine workings and quarries organization orders, unless it is
the cases referred to in paragraphs 4 and 5, also if the organization does not give
the application for authorisation within 3 months from the end of the conquest or interruption
10. In section 10, the following is inserted after paragraph 6, paragraph 7, including
footnote # 8b):
"(7) the district mining Office may order the performance of work referred to in
paragraphs 4 to 6 of the maximum level of financial reserves ^ 8b) created
8B) § 31 para. 6 of Act No. 44/1988 Coll., as amended. ".
Paragraphs 7 and 8 shall be renumbered as paragraphs 8 and 9.
11. in section 10, the following paragraph 10 is added:
"(10) when you change the spending plan, the preparation and extraction or plan to ensure
or liquidation is party to the proceedings, the applicant only if they are not
rights and obligations of other persons and does not change with the audience
concerned or affected mining activities. Change can be enabled
only after consultation with the relevant government authorities to protect the
the territory of the interests under special legislation. ".
12. in article 14, the following paragraphs 3 and 4 are added:
"(3) After termination of the activities referred to in § 2 shall transmit to the organisation within 12 months
the district mining Office two copies of the final report and registration
the leaves of the main mine workings and mining surveying and geological documentation
that can be stored permanently on a technical medium.
(4) following the cancellation of the area passes within 2 months the district
mining Office a copy of the final report, the accounting major sheets
mine workings and geological surveying and documentation of the Czech Geological
13. in section 18 para. 1 the term "organization" is replaced by "investor,
the owner of the mine ".
14. in section 18, paragraph 4 shall be deleted.
15. in section 39 paragraph 2 reads as follows:
"(2) the Chief supervision pursuant to paragraph 1 shall not apply to cases where the
activities and equipment referred to in paragraph 1 shall be subject to similar
supervision of the authorities of the Ministry of defence, the Ministry of transport and communications,
The Ministry of Justice and Ministry of the Interior. Superintendence of State
Mining Authority does not affect the environmental supervision of mining carried out by
The Ministry of the environment. ".
16. in section 40 para. 5 (b)):
"(b)) manages and coordinates the development and research in the field of competence of the State mining
the Administration, which is financed from State resources, ".
17. in paragraph 40, the dot at the end of paragraph 6 is replaced by a comma and the following
letters e) and (f)), which read as follows:
"e) keeps records on issued certificates or licences of professional
f) keeps records on issued penalties, their selection, and passes them to the
The Ministry of Finance of the Czech Republic. ".
18. In paragraph 41, the dot at the end of paragraph 1 is replaced by a comma and the following
the letters j and k)), including footnotes # 18 d), 18e) and 18f)
shall be added:
"j) carry out remittance management ^ 18 d) of mining areas and from seized
minerals deposits, 18e) including the finance charge ^ ^; When paying and recovering
they follow a special legal regulation, ^ 18f)
k) shall keep a register of persons to whom they have issued a certificate or licence
professional competence under this Act and the regulations issued on its
basis, and the release of these documents, to inform the Czech mining Office.
18 d) section 7 of the Decree No. 617/1992 Coll., on details of the remittance of payment
mining areas and from seized reserved minerals.
18e) § 32a of the paragraph. 2 of Act No. 44/1988 Coll., as amended.
18F) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
19. in paragraph 41, the following paragraph 3, including the footnotes No.
18 g) and 18 h) is added:
"(3) when the collection and recovery of debts to the State and the municipalities of flow through the circuit
mining offices under special legislation. ^ 18 g) in proceedings before the
the courts of the district mining offices stand out as an organizational folder State ^ 18 h)
separately, on behalf of the United States.
18 g) § 1 (1). 4 of Act No. 337/1992 Coll., as amended.
18 h) section 3 of the Act No. 219/2000 Coll., on the Czech Republic and its assets
in legal relations ".
1. the Organization, which have been granted in accordance with the existing legislation
authorized pursuant to section 2 (a). and Act No. 61)/1988 Coll.
do not meet the condition set out in § 5 para. 2 of Act No. 61/1988 Coll., on
the text of this law, shall be obliged to fulfil the obligation until 31 December 2008. December
2003. If an organization submits proof of fulfilment of the conditions within 15 days after the
the deadline, permission to search and survey.
2. the licences issued for activities carried out by using mining techniques referred to
in paragraph 3 (b). (b)) Act No 61/1988 Coll., as amended to the date of effectiveness of the
This Act shall expire on the expiry of 6 months from the effective date
the effectiveness of this Act. Within that period, an organization on the geological
work to obtain business permission to trade according to the bound
a special legal regulation.
3. Organizations which was established by the mining area
the legislation, which is located on land owned by the State,
the right to an administrative office, a legal entity or its
the branch, which has a plot in the Administration, has concluded a
the lease of the land at the time of the anticipated conquest or purchase bearings
contract for the sale of the land. Request containing a specification of land information
According to the land registry to the administrative authority, legal entity
or her organizational folder that referred to a plot of land and
supported by the Czech mining authority confirming that the applicant has been established
the mining area, must be submitted no later than 30 June 2005. October 2003. Czech
mining Office confirmation issued to land in mining leases where
is in progress or has to take place only if the required underground mining
the land can no longer be mining activities at risk, or for other
land in those cases where the land was no longer required
terminated. In the case of the sale of the land be transferred at a price that is in
given the usual time and place.
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 61/1988 Coll. on mining activities, explosives and the State
Mining Administration, as derived from the laws of it changing.
The effectiveness of the
This Act shall take effect on 1 January 2000. July 2002, with the exception of article. (I)
paragraph 4, which shall take effect on the date of the Treaty of accession of the Czech
Republic to the European Union enters into force.
Havel, v. r.
in the financial times in the r..